Case law

State v. Tulee

7 Wash. 2d 124 · Washington Supreme Court · Jan 13, 1941

This was clearly recognized in United States v. Winans, 198 U. … They have no higher sanctity; and no greater inviolability or immunity from legislative invasion can be claimed for them.

Fluke Corp. v. Hartford Accident & Indemnity Co.

145 Wash. 2d 137 · Washington Supreme Court · Nov 21, 2001

The insurance provision is clear and the type of coverage well established, and the only Washington case that has considered such coverage accepted its validity. … Given the clarity of that promise, the trial court focused on the qualifying phrase “because of. . . injury. . . arising out of. . .

State v. Jones

130 Wash. 2d 302 · Washington Supreme Court · Sep 19, 1996

At no time was Hill able to see the man clearly in the light. … App. 671, 676 , 741 P.2d 52 (1987) (fact that rape victim was 67 years old established that she was particularly vulnerable due to advanced age).

Northwest Wholesale, Inc. v. Pac Organic Fruit, LLC

184 Wash. 2d 176 · Washington Supreme Court · Sep 10, 2015

Division One further explained, “Section 365 is clearly not applicable to the executory portion of the partnership contract! … The WALLCA clearly protects the voluntary association rights of nondebtor LLC members.

Spivey v. City of Bellevue

Washington Supreme Court · Feb 9, 2017

The Washington Legislature appeared to take these considerations into account when it added melanoma to the list of qualifying diseases in RCW 51.32.185. … We thus apply the Morgan theory to the presumption: once a firefighter shows that he or she suffers from a qualifying disease, RCW 51.32.185(1) imposes on the employer the burden of establishing otherwise by a preponderance

1000 Friends v. McFarland

159 Wash. 2d 165 · Washington Supreme Court · Dec 21, 2006

County ordinances must implement state policy at the direction of the State to be immune from local referenda. … Clearly, critical areas are particularly sensitive to water flows, which *184 are regulated by KCO 15052 and 15053.

In Re Elliott

74 Wash. 2d 600 · Washington Supreme Court · Oct 10, 1968

Or, the legislature may, for example, withdraw, alter or allow legal remedies as when it immunizes the state and its subdivisions from tort liability, or restores that liability in whole or in part. … to a federal court in 1952 that a paying patient in a charitable hospital could not recover from the hospital for the negligence of a hospital nurse, would we, in 1953, have been in a position to strike down the virtual immunity

State v. McGee

122 Wash. 2d 783 · Washington Supreme Court · Dec 9, 1993

According to McGee, the statute does not clearly indicate which terms the phrase "within one thousand feet of the perimeter of the school grounds" modifies. … defendant's interpretation unreasonable and so concludes there is no ambiguity. *798 The majority's analysis, however, articulates the reasons why the majority prefers its own interpretation of the statute, but fails to establish

State v. Darden

145 Wash. 2d 612 · Washington Supreme Court · Mar 7, 2002

Although it may be that some communications between civilians and law enforcement surrounding a surveillance operation might qualify as privileged, it is absurd to claim a location per se is communication. … Although most evidentiary privileges in Washington are statutory, this court does have the power to recognize a privilege when doing so is clearly warranted. Maxon, 110 Wn.2d at 569 .

Southcenter Joint Venture v. National Democratic Policy Committee

113 Wash. 2d 413 · Washington Supreme Court · Oct 19, 1989

Consequently, a "Legislature-only" approach to state free speech jurisprudence was not clearly established in the 1880's. … That would be to establish a code of municipal law regulative of all private rights between man and man in society.

State Ex Rel. Laughlin v. Washington State Bar Ass'n

26 Wash. 2d 914 · Washington Supreme Court · Jan 7, 1947

. *916 The powers of the Washington state bar association in relation to admission and disbarment are clearly defined in Rem. Rev. Stat. … His main contention is that he has practiced law for more than *924 five years in South Dakota and is, therefore, qualified for admission to the bar in this state.

State ex rel. Royse v. Superior Court

46 Wash. 616 · Washington Supreme Court · Jul 22, 1907

We regard that decision as an authority we should follow, unless the common law rule has been clearly changed by statute in this state. The relator calls our attention to Bal. Code, § 567 (P. … One may not lightly throw aside responsibilities which he has assumed and leave the public without an official, when some possible emergency might make the existence of a qualified officer of great importance.

Schiffman v. Hanson Excavating Co.

82 Wash. 2d 681 · Washington Supreme Court · Aug 2, 1973

. *686 which points out that the amendment re-establishes the ancient policy against piecemeal appeals with clarity and precision, with the addition of “a discretionary power to afford a remedy in the infrequent harsh case … Any order failing to qualify under the rule is subject to revision at any time prior to the entry of a final judgment adjudicating the entire action.

Lawrence v. Potter

22 Wash. 32 · Washington Supreme Court · Jan 2, 1900

We do not think that in this case it is clearly established, or established at all, that, if the register had sat in judgment upon the contest at the local land office, the secretary of the interior would have decided upon … jurisdictional question in favor of the respondent, before the judgment of the lower court in his favor could have been sustained, or else the court must have gone upon the theory that the secretary of the interior *51 was qualified

Nat. Bank of Commerce of Seattle v. Dunn

194 Wash. 472 · Washington Supreme Court · Apr 22, 1938

for, and is ready for occupancy in accordance with this lease, then the Cline Piano Company may assign this lease to the Cline Building Company, provided said Cline Building Company is duly organized as a corporation and qualified … That the parties well knew how to state such a covenant, clearly appears, as the lessee covenanted to pay taxes, to repay money paid by the lessor on account of liens or charges established against her interest, and to do

Gray v. Goodson

61 Wash. 2d 319 · Washington Supreme Court · Jan 31, 1963

Clearly, at the time of the wrongful death when the cause *327 of action accrues, the beneficiaries are then "vested" with the right to the benefit of the cause of action. … established liability on the part of the alleged tort-feasors.

Cultum v. Heritage House Realtors, Inc.

103 Wash. 2d 623 · Washington Supreme Court · Jan 11, 1985

It establishes the date of possession, but not whether the date refers to legal or physical possession. This hardly appears to be a "simple" document. … A qualified plumber, electrician, a general contractor, a city inspector? Is it merely the fact of inspection which satisfies the condition?

State v. Mahoney

120 Wash. 633 · Washington Supreme Court · Jul 8, 1922

A consideration of the assignments presented upon the appeal requires a statement of the facts which the evidence tended to establish. … The chief grounds of this application are the need of appellant’s counsel to qualify themselves in cross-examining the expert witnesses that might be called, and to raise money wherewith to present their defense.

State v. Hirschfelder

242 P.3d 876 · Washington Supreme Court · Nov 18, 2010

Since the legislature did not qualify the statutory language creating the affirmative defense, this court must apply the clear directive of RCW 9A.44.030(3)(d). ¶ 32 As additional support, the majority also applies a general … The former statute establishes the prosecution's claim, and the latter permits a defendant's assertion of facts that, if proved, will defeat the prosecutor's claim.

State v. Russell

125 Wash. 2d 24 · Washington Supreme Court · Oct 13, 1994

In fact, the missing middle section of the majority’s quote, majority, at 46, from pages 145-46 of the report clearly discusses RFLP analysis. … The Frye hearing demonstrated a real controversy among qualified scientists.